Title of Rule and Other Identifying Information: WAC 250-76-020 and 250-76-050 through 250-76-070, American Indian
endowed scholarship program.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ann Voyles, Program Manager, Student Financial Assistance Division, Higher Education Coordinating Board, P.O. Box 43430, Olympia, WA 98504-3430 , AND RECEIVED BY October 19, 2009.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Removes the private contribution matching requirement; removes reference to the American Indian endowed scholarship trust fund; and requires that any future state fund appropriations be deposited into the American Indian scholarship endowment fund.
Reasons Supporting Proposal: Approval of SSB 5001, chapter 259, Laws of 2009, 61st Legislature, 2009 regular session.
Statutory Authority for Adoption: RCW 28B.108.060, 28B.108.020, 28B.108.050, and 28B.108.070.
Statute Being Implemented: RCW 28B.108.060, 28B.108.020, 28B.108.050, and 28B.108.070.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Higher education coordinating board, governmental.
Name of Agency Personnel Responsible for Drafting: Ann Voyles, 917 Lakeridge Way, Olympia, WA 98504-3430, (360) 753-7843; Implementation: John Klacik, 917 Lakeridge Way, Olympia, WA 98504-3430, (360) 753-7851; and Enforcement: Don Bennett, 917 Lakeridge Way, Olympia, WA 98504-3430, (360) 753-7831.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Recommend approval of revised language.
AMENDATORY SECTION(Amending WSR 93-19-025, filed 9/3/93, effective 10/4/93)
WAC 250-76-020 Program definitions. (1) "Institution of higher education" or "institution" shall mean any public university, college, community college, or technical college operated by the state of Washington or any political subdivision thereof, or any other university, college, school, or institute in the state of Washington offering instruction beyond the high school level which is a member institution of the Northwest ((
Association of Schools and)) Commission on
Colleges and Universities, providing such institution agrees
to participate in the program in accordance with all
applicable rules and regulations. Any institution, branch,
extension or facility operating within the state of Washington
which is affiliated with an institution operating in another
state must be a separately accredited member institution of
the above named accrediting association.
(2) "Board" means the higher education coordinating board. When a duty or responsibility of the board is referenced in these regulations, the authority needed to discharge that responsibility lies with the executive director or his or her designee.
(3) "Eligible student" or "student" means an American Indian student who meets the eligibility criteria as defined in WAC 250-76-030(1).
(4) "Full-time undergraduate student" is defined as a student who is enrolled for twelve quarter credits or the equivalent.
(5) "Full-time graduate student" is defined as one who is enrolled in at least the minimum credit course load required by the institution for disbursing financial aid to full-time graduate students.
(6) "Private cash donation," "private donation," or "donation" means moneys from nonstate sources that include, but are not limited to, federal moneys, tribal moneys, and assessments by commodity commissions authorized to conduct research activities, including but not limited to, research studies authorized under RCW 15.66.030 and 15.65.040.
(7) "Conditional gift" means a private cash donation received as a gift and subject to conditions by the contributor.
[Statutory Authority: Chapters 28B.80 and 28B.108 RCW. 93-19-025, § 250-76-020, filed 9/3/93, effective 10/4/93. Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-020, filed 1/27/92, effective 2/27/92.]
(a) The amount of the scholarship for an undergraduate student shall be determined by the higher education coordinating board in consultation with the advisory committee, not to exceed the student's demonstrated financial need.
(b) The amount of the scholarship for a graduate student shall be determined by the higher education coordinating board in consultation with the advisory committee, not to exceed:
(i) The student's demonstrated financial need, or
(ii) The stipend of a teaching assistant, including tuition, at the University of Washington, whichever is higher.
(c) In calculating a student's need, the board shall consider the student's costs for tuition, fees, books, supplies, transportation, room, board, personal expenses, and child care.
(d) The maximum yearly scholarship for any student may not exceed the maximum possible scholarship received for a student attending the University of Washington.
(e) Monetary awards made from this endowment may not replace any other state or federal student financial aid grant which would otherwise be made available to the student. If the recipient of this award is also a recipient of other student aid, it is the intent of this program that the institution presume that the endowment award be used to fill an unmet financial need or replace loans.
(2) Term of scholarship award.
(a))) A student is eligible to receive a scholarship
for a maximum of five years. In order to receive the
scholarship award beyond the first year, the student must
continue to meet eligibility and selection criteria as defined
in WAC 250-76-020 (3)(4)(5), 250-76-030, and 250-76-040(3) of
these rules. The following additional criteria may be
employed by the board in determining renewal of a student's
(i))) Amount of earnings by (( the American Indian
endowed scholarship trust fund and)) the American Indian
scholarship endowment fund as (( administered)) managed by the
state (( treasurer)) investment board.
(3) Number of scholarships awarded. The maximum number
of scholarships awarded or renewed each year shall be limited
by the amount of earnings received by the board from ((
American Indian endowed scholarship trust fund and)) the
American Indian scholarship endowment fund as (( administered))
managed by the state (( treasurer)) investment board. Consideration for funding shall be given to those students
eligible to renew their scholarship award.
[Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-050, filed 1/27/92, effective 2/27/92.]
(a) Publicize the program;
(b) Adopt necessary program guidelines;
(c) Accept and deposit donations into the endowment fund;
(d) Request from the state investment board, and accept
from the state treasurer, moneys earned by ((
the trust fund
and)) the endowment fund for the disbursement of American
Indian endowed scholarship awards;
(e) Solicit and accept grants and donations from public and private sources for the program;
(f) Name scholarships in honor of those American Indians from Washington who have acted as role models; and
(g) Select students to receive American Indian endowed scholarship awards, with the assistance of the selection committee created by WAC 250-76-040(2).
(2) Responsibility for soliciting contributions. The American Indian community will have primary responsibility for solicitation of contributions. The higher education coordinating board will work in support of individual tribes and organizations who are soliciting contributions.
[Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-060, filed 1/27/92, effective 2/27/92.]
(a) As the higher education coordinating board can match $50,000 of state funds with an equal amount of private cash donations, the board may request that the state treasurer deposit $50,000 of state matching funds and any earned interest from the trust fund into the American Indian scholarship endowment fund.
(2))) American Indian scholarship endowment fund. The
American Indian scholarship endowment fund shall be
administered by)) in the custody of the state treasurer.
The investment of the endowment fund shall be managed by the
state investment board. Funds appropriated by the legislature
for the American Indian endowed scholarship program shall be
deposited into the endowment fund. Moneys received from the
higher education coordinating board, private donations,
(( state matching moneys,)) and funds received from any other
source may be deposited into the endowment fund. (( All moneys
deposited in the endowment fund shall be invested by the state
(a) With the exception of conditional gifts, donated moneys may not be refunded, or otherwise returned, to the contributor after they have been deposited to the endowment fund.
Conditional gift moneys may be refunded, or otherwise returned, according to the terms of the conditional gift if the condition attached to the gift has failed. Moneys returned in this manner shall not constitute an invasion of corpus.
(b) A donation may not be accepted if such acceptance conditions the awarding of scholarships in a manner contrary to chapter 28B.108 RCW, or contrary to the guidance of the program's advisory committee.
(3))) (2) Scholarships shall be disbursed from the
investment earnings of (( the trust fund and)) the endowment
fund, with the exception of the portion of earnings reinvested
in the fund according to the terms of a conditional gift. The
principal of the (( trust and)) endowment fund(( s)) shall not
be invaded. No scholarships shall be awarded until sufficient
earnings from the (( combined trust and)) endowment fund(( s))
(4))) (3) As sufficient earnings from the (( combined
trust and)) endowment fund(( s)) have accumulated, the higher
education coordinating board may request that the state
investment board, through the state treasurer, release
earnings from the endowment fund to the board for
(5))) (4) The higher education coordinating board may
award scholarships to eligible students from the moneys earned
by (( the American Indian endowed trust fund and)) the American
Indian scholarship endowment fund (( as administered by the
state treasurer)), or from funds appropriated to the board for
this purpose, or from any private donations, or from any other
funds given to the board for this program.
[Statutory Authority: Chapters 28B.80 and 28B.108 RCW. 93-19-025, § 250-76-070, filed 9/3/93, effective 10/4/93. Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-070, filed 1/27/92, effective 2/27/92.]